The petitioners challenged the notice dated on 19.03.2008 issued by the Executive Magistrate, Dhaka Collectorate, Dhaka directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area by 07.04.2008 on plea of illegal occupation without prior rehabilitation or resettlement.BLAST, along with the residents of Jhilpara Slum, filed a writ petition in the High Court on 06.04.2008 challenging a notice dated 19.03.2008 and issued by the Executive Magistrate directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area by 07.04.2008 on the plea of illegal, unauthorized occupation without providing alternative accommodation.

Rule/Order/Judgment

Date: 07/04/2008

Details

The Honourable High Court Division issued a rule and stayed the operation of the impugned notice dated on 19.03.2008 for a period of 3 (three) months.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed.

Date: 20/05/2008

Details

The court rejected the application for vacating the order of stay granted on 07.04.08.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed

Date: 03/07/2008

Details

The court extended the order of stay till disposal of the Rule.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed.

Date: 27/07/2009

Details

The Appellate Division dismissed the petition for leave to appeal (1722/08)which was filed against the order dated 20th May, 2008 passed by the High Court Division in Writ Petition No. 2760/08 rejecting the application for vacating the order of stay.

Equality,Livelihood,Shelter,Life,Access to Justice,Discrimination,Accountability and Institutional Reform

Keywords

Jhilpara Slum Eviction Case

Relevant statute

Articles 15, 31, 32 & 102 of the Constitution;

Government Land and Properties (Recovery of Possession) Ordinance 1970;

International Convention on Economic, Social and Cultural Rights (ICESCR)

Case Number: Writ Petition No.2760 of 2008

Date of filing: 2008/04/06

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST);

2.Md. Bellal Mollah;

3. Md. Nurul Islam

Respondents

Secretary, Housing and Public Works;

Secretary, Ministry of Land;

Secretary, Ministry of Home Affairs;

Secretary, Ministry of Industry;

General Manager, Bangladesh ShilpaRinSangstha;

Mayor, Dhaka City Corporation;

Deputy Commissioner, Dhaka District;

Additional District Magistrate, Dhaka;

Nazmunnahar Manu, Executive Magistrate, Dhaka Collectoriate;

Inspector General of Police;

Police Commissioner, Dhaka Metropolitan Police;

Deputy Police Commissioner (Mirpur Section), DMP;

Officer-in-Charge, Shaha Ali Police Station, DMP, Dhaka

Facts

The petitioners challenged the notice dated on 19.03.2008 issued by the Executive Magistrate, Dhaka Collectorate, Dhaka directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area by 07.04.2008 on plea of illegal occupation without prior rehabilitation or resettlement.BLAST, along with the residents of Jhilpara Slum, filed a writ petition in the High Court on 06.04.2008 challenging a notice dated 19.03.2008 and issued by the Executive Magistrate directing the police to evict approximately 2,000 inhabitants of Jhilpara Slum, Shahli Thana, Dhaka and to vacate the slum area by 07.04.2008 on the plea of illegal, unauthorized occupation without providing alternative accommodation.

Rule/Order/Judgment

Date: 07/04/2008:

Details

The Honourable High Court Division issued a rule and stayed the operation of the impugned notice dated on 19.03.2008 for a period of 3 (three) months.

Justices

Mr. Justice Syed Mahmud Hossain,

Mr. Justice Farid Ahmed.

Date: 20/05/2008:

Details

The court rejected the application for vacating the order of stay granted on 07.04.08.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed

Date: 03/07/2008:

Details

The court extended the order of stay till disposal of the Rule.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed.

Date: 27/07/2009:

Details

The Appellate Division dismissed the petition for leave to appeal (1722/08)which was filed against the order dated 20th May, 2008 passed by the High Court Division in Writ Petition No. 2760/08 rejecting the application for vacating the order of stay.